QUESTION
If someone violates their probation with another charge and is sentenced to prison can they receive credit for the time served on probation?
Asked on Jun 25th, 2013 on Criminal Law - Oregon
6 ANSWERS
Michael J. Breczinski
No they just receive credit for the time in jail.
Answered on Jun 27th, 2013 at 1:09 PM
Geoffrey MacLaren Yaryan
Any time you spent in custody should be credited to your prison sentence.
Answered on Jun 25th, 2013 at 5:18 PM
Thomas Edward Gates
No, the second charge is treated separately.
Answered on Jun 25th, 2013 at 2:27 PM
Generally not since it is a separate crime. However the judge can run the Violation of Probation concurrently with the other case.
Answered on Jun 25th, 2013 at 11:35 AM
Probation violations often involve incidents of new criminal conduct, in which case the Defendant may serve sentences both on the new crime (if convicted) and the probation violation. Because the sentences are technically separate, you don't receive credit for time served, but other options may be available if negotiated with the state or properly raised at a sentencing hearing that could effectively reduce the amount of overall incarceration time, including concurrent sentences and alternative sentences.
Answered on Jun 25th, 2013 at 11:34 AM
When someone violates probation, there is no requirement to provide credit for the time that was spent on probation. It can be done at the discretion of the court, but the defendant is not entitled to the credit. A person with a 5 year probation period who fouls up at 4 years, 11 months and three weeks can be sentenced to do the original five year stretch.
Answered on Jun 25th, 2013 at 11:34 AM